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Public Act 095-0002


 

Public Act 0002 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0002
 
HB1711 Enrolled LRB095 07034 RAS 27156 b

    AN ACT concerning horses.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Horse Meat Act is amended by adding
Section 1.5 as follows:
 
    (225 ILCS 635/1.5 new)
    Sec. 1.5. Slaughter for human consumption unlawful.
    (a) Notwithstanding any other provision of law, it is
unlawful for any person to slaughter a horse if that person
knows or should know that any of the horse meat will be used
for human consumption.
    (b) Notwithstanding any other provision of law, it is
unlawful for any person to possess, to import into or export
from this State, or to sell, buy, give away, hold, or accept
any horse meat if that person knows or should know that the
horse meat will be used for human consumption.
    (c) Any person who knowingly violates any of the provisions
of this Section is guilty of a Class C misdemeanor.
    (d) This Section shall not apply to:
        (1) Any commonly accepted noncommercial, recreational,
    or sporting activity.
        (2) Any existing laws which relate to horse taxes or
    zoning.
        (3) The processing of food producing animals other than
    those of the equine genus.
 
    (225 ILCS 635/14 rep.)  (from Ch. 56 1/2, par. 253)
    Section 7. The Illinois Horse Meat Act is amended by
repealing Section 14.
 
    Section 10. The Animals Intended for Food Act is amended by
changing Section 2.1 as follows:
 
    (410 ILCS 605/2.1)  (from Ch. 8, par. 107.1)
    Sec. 2.1. When in the interest of the general public and in
the opinion of the Department of Agriculture it is deemed
advisable, the Department has authority to quarantine or
restrict any and all animals intended for human consumption
that contain poisonous or deleterious substances which may
render meat or meat products or poultry or poultry products
from such animals or poultry injurious to health; except in
case the quantity of such substances in such animals does not
ordinarily render meat or meat products or poultry or poultry
products from such animals injurious to health.
    The Department or its duly authorized agent shall
investigate or cause to be investigated all cases where it has
reason to believe that animals intended for human consumption
are contaminated with any poisonous or deleterious substance
which may render them unfit for human consumption.
    The Department or its duly designated agent in performing
the duties vested in it under this Act is empowered to enter
any premises, barns, stables, sheds, or other places for the
purposes of administering this Act.
    The Department may allow the sale or transfer of animals
under quarantine or restriction subject to reasonable rules and
regulations as may be prescribed.
    For the purposes of this Act, the term "Animal" means
cattle, calves, sheep, swine, horses, mules or other equidae,
goats, poultry and any other animal which can be or may be used
in and for meat or poultry or their products for human
consumption.
(Source: P.A. 77-2117.)
 
    Section 15. The Illinois Equine Infectious Anemia Control
Act is amended by changing Section 4 as follows:
 
    (510 ILCS 65/4)  (from Ch. 8, par. 954)
    Sec. 4. Tests of equidae entering the State. All equidae
more than 12 months of age entering the State for any reason
other than for immediate slaughter shall be accompanied by a
Certificate of Veterinary Inspection issued by an accredited
veterinarian of the state of origin within 30 days prior to
entry and shall be negative to an official test for EIA within
one year prior to entry. Equidae entering the State for
immediate slaughter shall be accompanied by a consignment
direct to slaughter at an approved equine slaughtering
establishment.
(Source: P.A. 86-223.)
 
    Section 20. The Humane Care for Animals Act is amended by
changing Sections 5 and 7.5 as follows:
 
    (510 ILCS 70/5)  (from Ch. 8, par. 705)
    Sec. 5. Lame or disabled horses. No person shall sell,
offer to sell, lead, ride, transport, or drive on any public
way any equidae which, because of debility, disease, lameness
or any other cause, could not be worked in this State without
violating this Act, unless the equidae is being sold,
transported, or housed with the intent that it will be moved in
an expeditious and humane manner to an approved slaughtering
establishment. Such equidae may be conveyed to a proper place
for medical or surgical treatment or , for humane keeping or
euthanasia, or for slaughter in an approved slaughtering
establishment.
    A person convicted of violating this Section or any rule,
regulation, or order of the Department pursuant thereto is
guilty of a Class A misdemeanor. A second or subsequent
violation is a Class 4 felony.
(Source: P.A. 92-650, eff. 7-11-02.)
 
    (510 ILCS 70/7.5)
    Sec. 7.5. Downed animals.
    (a) For the purpose of this Section a downed animal is one
incapable of walking without assistance.
    (b) No downed animal shall be sent to a stockyard, auction,
or other facility where its impaired mobility may result in
suffering. An injured animal other than those of the equine
genus may be sent directly to a slaughter facility.
    (c) A downed animal sent to a stockyard, auction, or other
facility in violation of this Section shall be humanely
euthanized, the disposition of such animal shall be the
responsibility of the owner, and the owner shall be liable for
any expense incurred.
    If an animal becomes downed in transit it shall be the
responsibility of the carrier.
    (d) A downed animal shall not be transported unless
individually segregated.
    (e) A person convicted of violating this Section or any
rule, regulation, or order of the Department pursuant thereto
is guilty of a Class B misdemeanor. A second or subsequent
violation is a Class 4 felony, with every day that a violation
continues constituting a separate offense.
(Source: P.A. 92-650, eff. 7-11-02.)
 
    Section 25. The Humane Slaughter of Livestock Act is
amended by changing Section 2 as follows:
 
    (510 ILCS 75/2)  (from Ch. 8, par. 229.52)
    Sec. 2. As used in this Act:
    (1) "Director" means the Director of the Department of
Agriculture of the State of Illinois.
    (2) "Person" means any individual, partnership,
corporation, or association doing business in this State, in
whole or in part.
    (3) "Slaughterer" means any person regularly engaged in the
commercial slaughtering of livestock.
    (4) "Livestock" means cattle, calves, sheep, swine,
horses, mules, goats, and any other animal which can or may be
used in and for the preparation of meat or meat products for
consumption by human beings or animals. "Livestock", however,
does not include horses, mules, or other equidae to be used in
and for the preparation of meat or meat products for
consumption by human beings, which is prohibited under Section
1.5 of the Illinois Horse Meat Act.
    (5) "Packer" means any person engaged in the business of
slaughtering or manufacturing or otherwise preparing meat or
meat products for sale, either by such person or others; or of
manufacturing or preparing livestock products for sale by such
person or others.
    (6) "Humane method" means either (a) a method whereby the
animal is rendered insensible to pain by gunshot or by
mechanical, electrical, chemical or other means that is rapid
and effective, before being shackled, hoisted, thrown, cast or
cut; or (b) a method in accordance with ritual requirements of
the Jewish faith or any other religious faith whereby the
animal suffers loss of consciousness by anemia of the brain
caused by the simultaneous and instantaneous severance of the
carotid arteries with a sharp instrument.
(Source: Laws 1967, p. 2023.)
 
    Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.
INDEX
Statutes amended in order of appearance
    225 ILCS 635/1.5 new
    225 ILCS 635/14 rep. from Ch. 56 1/2, par. 253
    410 ILCS 605/2.1 from Ch. 8, par. 107.1
    510 ILCS 65/4 from Ch. 8, par. 954
    510 ILCS 70/5 from Ch. 8, par. 705
    510 ILCS 70/7.5
    510 ILCS 75/2 from Ch. 8, par. 229.52

Effective Date: 5/24/2007